With the inclimate weather we have been having recently (Flooding, snowing, black ice!) it’s not surprising that there has been a lot of damage to the roads and the high street. Potholes caused by the heavy rains washing loose tarmac away and freezing water creating hazardous cracks as it expands can unfortunately lead to a rise in holes and a rise in accidents. So what is the procedure for pursuing a claim if you have been unfortunate enough to suffer an injury because of a trip, slip or fall?
Firstly, it is important to make clear that these types of claims can be quite difficult and therefore it is important that you seek the help of an experienced personal injury lawyer with extensive experience in the area.
If you are seeking to pursue a claim against the council there are a few things that you will have to do to ensure you have higher prospects of being successful. This is because the council can only be expected to have taken “reasonable steps” to ensure the safety of the area. This means that if they can show that they have maintenance regimes in place that ensure the area is checked to be safe at regular intervals, your claim may be difficult to pursue. This is simply because it would be unreasonable to expect the council to be able to know whenever any new defect is created immediately. For example: If the heavy floods create a hazard by washing tarmac away on the Monday and you have your accident on the Tuesday- is it reasonable to expect the council to have even known about the defect let alone fix it?
Of course, there are some defects that should not be there and the council has had sufficient time to fix this – this is when your claim may be that bit easier. So what can you do to help your claim?
- Photographic evidence – this is imperative! Without this, if the council fixes the defect before you begin your claim it can be difficult to show it was ever there!
- Measurements – To claim for the defect it has to be shown to be a foreseeable risk (otherwise any old scuff or divot may be considered a defect!) Therefore photos showing the measurements enable your personal injury lawyer to establish whether you have a claim with good prospects.
- Any witnesses to how old the defect is – If you know anyone that has said in the past “that pothole has been there for months- it’s going to cause an accident” this is particularly useful as of course this puts into question what type of maintenance regime the council has in place.
So, going back to the weather: Unfortunately it may be that an accident caused by damage from the weather may be difficult and therefore it is important to contact a personal injury solicitor straight away. Here at the Injury Lawyers, we understand how frustrating it is to have an accident and be suffering from an injury that wasn’t your fault. We have extensive experience in this area and will ensure that we fight for the optimum result.
